RHONDA LEE BARNEY v. RENASANT BANK F/K/A MERCHANTS & FARMERS BANK ( 2016 )

Court of Appeals
of the State of Georgia
ATLANTA,____________________
June 03, 2016
The Court of Appeals hereby passes the following order:
A16A1671. RHONDA LEE BARNEY et al. v. RENASANT BANK f/k/a
MERCHANTS & FARMERS BANK.
Renasant Bank, formerly known as Merchants & Farmers Bank, filed suit to
set aside allegedly fraudulent transfers made to sisters Rhonda Lee Barney and Gloria
Whitney Harrell. In December 2013, the trial court entered a consent order resolving
the dispute. In December 2015, Barney and Harrell filed a motion to set aside the
consent order under OCGA § 9-11-60 (d). The trial court denied the motion, and
Barney and Harrell appeal.
Pursuant to OCGA § 5-6-35 (a) (8), an appeal from an order denying a motion
to set aside a judgment under OCGA § 9-11-60 (d) must be taken by application for
discretionary review. See Jim Ellis Atlanta, Inc. v. Adamson, 283 Ga. App. 116 (640
SE2d 688) (2006). Barney’s and Harrell’s failure to file a discretionary application
deprives this Court of jurisdiction over this appeal, which is hereby DISMISSED. See
id.Court of Appeals of the State of Georgia
06/03/2016
Clerk’s Office, Atlanta,____________________
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.